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SAFE CONSTRUCTION and CORPORATE KILLINGThe new Corporate Killing Bill is getting closer to being a reality. The new offence of Corporate Killing, which has been driven in part by a number of transport disasters, will create a new offence of corporate killing that applies to all companies and incorporated bodies. The Home Office has been promising a draft Bill since 1996 but none has materialised. A private member’s bill regarding corporate killing has now received a second reading. Brought by Frank Doran MP the draft bill is aimed at encouraging the Home Office to publish its bill and make some progress rather than it becoming an issue that is just too difficult to deal with. This is against a background of the Government deciding that plans to make company directors individually liable for major disasters are unworkable and considering if the Crown should have immunity from such legislation. The Doran bill has recently been amended to re-focus punishments on companies rather than individuals. Early indications show that the legislation means that companies found guilty of failing to comply with the law may face fines of millions of pounds. The Government currently aims to achieve quicker prosecutions for corporations of all sizes. Catherine Kay, construction expert at George Davies says, “Health & Safety Regulations apply to all construction businesses whatever their size and all members of the business are responsible for health & safety. There is evidence that the HSE is now more willing to prosecute companies for corporate manslaughter and to impose maximum penalties so it is advisable that companies ensure they comply with the current Health & Safety Regulations on site to minimise the changes required to comply when the new Corporate Killing laws are in place.” If you would like more information about health & safety in the construction industry, please contact the Catherine Kay in the construction team on 0161 234 8861. |
